RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-03431
                                             INDEX CODE:  136.01
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The date on her separation document be changed from 6 July 2002 to 30
August 2002, and that she be given two weeks’ pay.
________________________________________________________________

APPLICANT CONTENDS THAT:

She was advised by the Separations Branch at Eglin AFB to submit  a  request
for a “Stop Loss” waiver.  The date requested on her  waiver  was  the  date
she was eligible to separate.  She also requested and was approved  terminal
leave.  She was notified in the 1st week of June 2002 that  her  waiver  had
been approved.  She states that all  necessary  offices  and  her  Commander
agreed upon date of 30 August 2002, however she had read in a memo that  the
actual approval date was 22 May 2002.

In September of 2002, she  realized  that  she  had  not  received  a  final
paycheck.  Upon receipt of her separation document she contacted  SSgt  C---
from the Separations Branch regarding correction of the date of  separation,
which she states should have been 30 August 2002 instead  of  6  July  2002.
She followed up with SSgt C--- over the next  few  months;  however  he  was
reassigned to a new station, and no one at the office had knowledge  of  her
case.  She was  then  provided  with  an  application  and  instructions  to
correct her records.

In support of her  request,  the  applicant  has  submitted  copies  of  her
separation   documents.    The   applicant’s   complete   submission,   with
attachments, is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

On 22 May 1989, the applicant was appointed a second lieutenant, Reserve  of
the Air Force (Nurse Corps), and was voluntarily ordered to extended  active
duty for a period of 36 months on 11 October 1989.  She was integrated  into
the Regular Air Force on 25 August 1997 and has been progressively  promoted
to the grade of captain, effective and with a  date  of  rank  of  1  August
1993.

The applicant’s records contain a DD  Form  2648,  Preseparation  Counseling
Checklist, which the applicant signed on 19 March  2002,  containing,  among
other things, an  expected  separation  date  “20020706.”   The  applicant’s
separation orders, issued on 19 June  2002,  indicated  that  the  applicant
would be discharged effective 30 August 2002.

According  to  her  separation  document  (DD  Form  214),  which  she   was
unavailable to sign, the applicant was honorably  discharged  on     6  July
2002 under the provisions of AFI  36-3207  (Completion  of  Required  Active
Service).  She was credited with 12 years, 8 months and 26  days  on  active
duty.  Her separation document further indicated no leave was  sold  at  the
time of discharge.  On 17 December 2002, an  amendment  to  the  applicant’s
separation orders was issued changing  the  applicant’s  discharge  date  to
6 July 2002.

Information provided by the Defense Accounting and  Finance  Service  (DFAS)
indicates that the applicant took two days of terminal leave for the  period
5 July 2002 to 6 July 2002 and that she  sold  50  days  of  unused  accrued
annual leave at the time of her separation.
________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial of the  applicant’s  request  based  on  the
documentation on file in the  master  personnel  records  and  the  military
personnel data  system.   DPPRS  stated  that,  according  to  the  Military
Personnel Data  System  (MilPDS),  the  applicant’s  Stop  Loss  waiver  was
approved on 22 May 2002 and her date of separation was  established  6  July
2002.  There is no record on file showing a date of separation of 30  August
2002.  DPPRS  indicates  that  the  applicant  has  not  submitted  any  new
evidence identifying any errors or injustice occurred during  her  discharge
processing (see Exhibit C).

DFAS-POCC/DE  reviewed  this   application   and   noted   the   conflicting
information concerning a discharge effective date  in  her  records.   DFAS-
POCC/DE recommended that further information be provided by  the  Separation
Division and her last duty station (Exhibit D).
________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates her initial contentions in  a  statement  dated  27
January 2004 at Exhibit F.
________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  error  or  injustice.   After   reviewing   the   applicant’s
submission, we believe that an injustice occurred when her initial  date  of
separation (DOS) was amended.  The discharge order indicated  the  applicant
had an established DOS of 30 August 2002; however, the  separation  document
specified 6 July 2002 as her DOS.  The applicant contacted  the  separations
branch regarding the discrepancy in her DOS date, and that office issued  an
amendment to the discharge order, correcting the separation date to  6  July
2002 instead of 30 August 2002.  Since  no  documentation  or  justification
exists regarding how the initial DOS was  established  and  changed  to  the
earlier date, we are inclined to resolve any doubt in this matter  in  favor
of the applicant.  We recommend that the records be corrected  as  indicated
below.
________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that she was  not  discharged  on  6  July
2002, but was continued on active duty until 30 August 2002, on  which  date
she was honorably discharged.
________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 22 April 2004, under the provisions of AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. John B. Hennessey, Member
      Mr. Jay H. Jordan, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 1 Oct 2003, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated.10 Dec 03,
                   with attachments.
      Exhibit D.  Letter, DFAS-POCC/DE, dated 30 Dec 03.
      Exhibit E.  Letter, SAF/MRBR, dated 16 Jan 04.




      ROBERT S. BOYD
      Panel Chair







AFBCMR BC-2003-03431





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that she was not discharged on
6 July 2002, but was continued on active duty until 30 August 2002, on
which date she was honorably discharged.



JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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